The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-10-28
THE last CHANCE
FOR THE CHICAGO ANAncnIsTs.

FOR THE CHICAGO ANAnCnIsTs
.I2 --. EtB
Arguments In tho U. s.. Supreme Cour
sYeAtcrday-sIr. fuckers spesch-CiAins
TINT tile oondsmncd Mon Did Not
Have Fair Trial -Cn,o not Eudsd.
WASHINGTON, D. O., Oct. 27.-Iho argu
ment In the Louisiana caac was concluded
by Mr.. Beckwith, at Hve minutcu past one
and tho Chief Justics said: I'VE art
ready now to hear tho motion for a wri
Of error in the case Of spiea and othesB.
General B. F. Butler asked the couI
how much time would be allowed Tor AZ
gument. His brother, Mr.. Tucker, repro
sentcd, be said, the majority Of the psti'
TONERS, and himself repreaented Two o.
them, whose cases were in some respect
different from those OF tho others. He
would not, he said, spoak morsly for tbs
ssko OF speaking, but he would not Ike to
be hurried. The Chief Justice asked how
much tims he desired. Gen. Butler said
he would ike an hour md q half for him
self, and an. hour and a half for hla asa
ciate, Mr.. Tucker. The Chief Justice
said, "Vefy well 1--WE will allow you three
hours on a sids." Attorney General
Hunt, Of Illinois, said that as he and bis
associates did no. yet know what ecope
tho argument would take, he could not
say how much time they would desire.
He would like, however, to have an op.
portunity given to bis associate, Mr.. Grin.
nell, to speak. The Chief Justice anid
that each side would be allowed t:lrea
hours and that Mr.. 'Grinnell might speak.
At quarter past one o'clock Mr.. Ran.
dolph Tucker opened the argument In
support Of the petition for writ Of error.
5s MR.. TucKgR's ARGUMENT. ~
He ssid that 1t was not necessary ior
him to show as a condition precedent to
the granting OF the writ, that the action
complained Of in the court below was
actually repugnRnt to or in yiols.ion OF
the Constitution 1t was only neceseary to
show that a conflict had arisen; tina. there
was a queation whether tho action com.
planned Of WAS not repugnsns to the con-
stitution. That was enough to give this
court juriadiction. 1t was the objsct OF
the atatute OF 1867 to give free access
to this court in oil Gases where there
was q question OF this Kind. 1t was
II 10 al, -
cy, but only conflict. II there
is conflict then this court has j1rlsdic!lon,
and il 1t has jurisdiction then .the pe.
titioners are entitled to the writ asa right.
This court, said MI: Tucker, ia a city OF
-rsfnsa from the avenger OF blood, aud any
man wh6coas's here and takes bold OF the
horns Of justice should no. hs repulssd.
The policy OF this court, he said, had been
TO deal LIBERAL ly with: petitions for writb
.! e-ror.ip civil cases. How much more
should It deal libs.ally with petition for
q writ of error iI q criminal case inyoly-
ing the isaues Of lile and death in q ceee
who're life VAS about 10, be- tskon away
in violation Of the Conutitution. MI.
Tucker then proceeded to a careful analy-
sis of the 14sh amendment, and, an at.
tempt to ascerts!n the meaning of tho
words "dua process Of law" z: ss2a'
In conclusion Mr.. Tucker eaid: MWe
have right. in my judgment, to the
writ, to bs heard Oh the question: wheth.
er the Constitution has been violated in
order to Gompeaa the conviction of these
men. Itis tsue they srs said to be An
archisss. II the Court asks mo whether l
have any eympathy with them, / have
only to say that the Court knows mo too
we'll to suppoas thet I have any sylnpa.
thy with, these unhappy aud misguided
men. But they ere men, and they arc en-
titled to the came protection that / am.
Tho same Constitution Ia over US all.
I aak tho Court to intsrposs its
shield and protect these men,
because ! may need it myself.
I know no Anarchy abroad in this land
which the American people need lear, ex-
cept Anarchy in the administration Of jus.
tice. l ienr that, when Anarchy dons the
ermice Of justice and adminis,ers lynch
law, in violation OF the supreme laH Of the
!snd. Whether the p.iscnera' point can
be sustained is a question you cau only
decide after an examination Of ths record
and q hearing. Strike after you hear, but
don't strike before You hear. Ip:ay that
the court will, therefore, award this writ,
for II do no! mistake, there Gro evidenceg
in this wholo record which will dsmand
the reversal Of the Judgment" 81
Mr. Attorney General Hunt then ad.
dressed the Court in bahalf OF the State
and in opposition to the motion for writ
OF error. "A, g',.5 '1;.i.., ~. 2, va
ATTORNEY GENERAL HUNTS srEEcH,
Inths iiratpart.of his argument, Mr.ruck.
erpianted himssliHquarely upon, the rights
which belonged to his clients, under the
fourteenth amendment, but in the latter
part he changed ground slightly and in.
eisled that the first tan amendments
were declarations Of individual rightp,
and then .thst they wero oil Comprised in
the proyieion5 OF the fourteenth amend.
ment. The Attorney General opposed this
view and ineistsd that the prohibition
contained 10 tho first ten amendments 70
tho Constitution are limitations on the
powers OF the Federal government and
not upon tho States. So far as the rcti-
tiousrs rely upon anything contained in
those amendments, they con have no
standing in this court. Z, -
Tho Fourteenth Amendment is equally
foreign to any right or privilege Of imr1u-
nity here claimed by the petitioners. The
Fourteenth Amendment declares: l.'s5y94 4
"No State shall make or cnfoyco spy
law which 3ahrll sbsidge the privileges Of
immunities Of c;tizsne OF the United States,
nor shall any State deprive any porson'o Of
life, liberty or property without due pro. !!
cess ol law, nor deny to any person within
its jurisdiction, tue equal protection Of tie
laws."' e. S,s,1 Ss;zl' N
Petitioners were tried in the Courte Of
the Sta.q under laws of the State and that
constitutes due process OF law. It Ia net
material that this erroneous rule might
have ruled differently under the law,
Due process Of Law means "Law OF the
Lsnd.n a ~, I.,it rs ~
In thSceas Of Prosser va, tho State Of
1llinoia, 1855, the federal question raiuad
WIS to the right to bear arne, and It was
contended that tho 1llinoia statute was a
Limitation Of hie rights ae citizen ot tha